SZONQ v Minister for Immigration

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZONQ v MINISTER FOR IMMIGRATION & ANOR [2011] FMCA 4

MIGRATION – Review of Refugee Review Tribunal decision – refusal of a protection visa – applicant claiming political persecution in Nepal – applicant disbelieved in relation to certain aspects of his claims of past harm – whether the Tribunal failed to give “proper, realistic and genuine” consideration to the applicant’s claims and evidence considered – whether the Tribunal considered irrelevant matters or failed to consider relevant matters considered – whether the Tribunal decision was irrational, illogical or unreasonable considered – whether the Tribunal breached s.425 of the Migration Act 1958 (Cth) considered.

Migration Act 1958 (Cth), s.425

Buck v Bavone (1976) 135 CLR 110
Minster for Immigration v SZJSS [2010] HCA 48
Minister for Immigration v SZMDS (2010) 266 ALR 367; [2010] HCA 16
Parramatta City Council v Pestell (1972) 128 CLR 305

R v Australian Stevedoring Industry Board; Ex part Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100

R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407
SZBEL v Minister for Immigration (2006) 231 ALR 592
SZJSS v Minister for Immigration [2009] FCA 1577

Applicant: SZONQ

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1605 of 2010

Judgment of: Driver FM

Hearing date: 2 December 2010

Date of last submissions: 2 December 2010

Delivered at: Sydney

Delivered on: 14 February 2011

REPRESENTATION

Counsel for the Applicant: Mr J R Young

Solicitors for the Applicant: Simon Diab & Associates

Solicitors for the Respondents: Mr A Markus
Australian Government Solicitor

ORDERS

1. The application is dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 1605 of 2010

SZONQ

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

Introduction and background

1. This is an application to review a decision of the Refugee Review Tribunal (“the Tribunal”).  The decision was made on 29 June 2010.  The Tribunal affirmed a decision of a delegate of the Minister not to grant the applicant a protection visa.  The applicant had made claims of political persecution in Nepal.  The following statement of background facts is derived from the submissions of the parties.

2. The applicant, a citizen of Nepal, arrived in Australia on 11 July 2009 and applied for a protection visa on 20 July 2009 (Relevant Documents "RD" 1, 3).  The applicant claimed, in a statement annexed to his protection visa application, to have a well-founded fear of persecution in Nepal arising from being an activist of the Nepal Students Union, an organisation with ties to the Nepali Congress Party, and to have been attacked and threatened by members of the Young Communist League, a Maoist organisation, during student elections in March 2009.  The applicant claimed that he then went into hiding in different parts of Nepal.  The applicant had also worked in Nepal for UNESCO and came to Australia to attend a conference sponsored by UNESCO (RD 35-6). 

3. The applicant attended…